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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in C.T. Case No.496/2023 pending on the file of learned S.D.J.M, Rairangpur, arising out of Badampahar P.S Case No. 48 of 2023 for commission of the alleged offence under Section 420 IPC.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Additional Sessions Judge, Rairangpur by order dated 26.04.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 14.04.2023 and the allegation against him is that he on the assurance of selling a truck received part consideration of Rs.10,00,000/-from the Informant. When such transaction fell through he repaid the sum of Rs. 10,00,000/- through cheque to the Informant. When the Informant presented the same, it was dishonored.
It is further submitted that the entire transaction was by virtue of an agreement and as the Informant has availed the remedy under Section 138 of the N.I. Act, further continuance of the Petitioner in custody is not warranted.
Learned counsel for the State opposes the prayer since investigation is at a nascent stage.
Considering the submission at the Bar, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the Petitioner shall deposit cash security to the tune of Rs. 2,00,000/- (Rupees two lakhs) without prejudice to his rights and it shall be open to the Informant to seek release of the same in accordance with law and he shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
The BLAPL thus stands disposed of.
Urgent certified copy of this order be granted as per rules.
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